ORDER:

This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

to the said extent of the land.=

The brief facts of the case are that, land of an extent of Ac.5-41 cents in Sy.No.747-2 of Maddirevula Village, Lakkireddypalli Mandal, YSR District (subject land), had been assigned in favour of K.M.Sivamma under land less poor category. The original assignee of the subject land had availed loan by mortgaging the subject land with the District Cooperative Central Bank Limited, Kadapa for agricultural purposes and failed to repay the loan. In consequence of non-payment of the loan availed by the original assignee, the subject land was auctioned by the bank in E.P.No.5093/93-94 dated 18.11.1996. In the said auction, father of the petitioner purchased the subject land. Thereafter, the Deputy Registrar-cum-Officer on Special Duty has confirmed the sale through proceedings dated 18.11.1996 and issued Certificate of Sale on 12.12.1996 in Form No.10. Since the date of issue of Certificate of Sale, the petitioner’s father was in peaceful possession and enjoyment of the same till his demise. After death of petitioner’s father on 26.08.2007, the same was devolved upon the petitioner and other legal heirs. When the petitioner was constrained to sell the subject land in favour of third parties and presented the document for registration before the Joint Sub- Registrar/Respondent No.5, Respondent No.5 refused to entertain the sale deed for registration on the ground that the subject land is assigned land and the same is included in the prohibited properties list under Section 22-A(1)(a) of the Registration Act, 1908. Hence, the action of respondents is questioned in the writ petition.

It is the contention of the petitioner that the property was purchased by his father in the auction conducted by Registrar of Cooperative Societies and after his father’s death, the petitioner became owner of the property, placed reliance on judgment of erstwhile High Court of A.P at Hyderabad in The Sub-Registrar v. K. Guravaiah, S/o.Chalamaiah1. On the strength of the principle laid down in the said judgment, he requested to issue direction as stated above.

Whereas the learned Assistant Government Pleader for Revenue contended that, the subject land is an assigned land and included in the list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908, thereby, the

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respondents refused to entertain the sale deed and finally requested to pass appropriate order.

It is an undisputed fact that petitioner’s father became owner of the property as the bid was knocked down in his favour in the auction conducted by Registrar of Cooperative Societies, copy of Form No.10 sale certificate issued to the petitioner’s father is placed on record to support his contention that he became absolute owner of the subject property. Later, the petitioner and other legal heirs succeeded the subject property. Petitioner also obtained family member certificate. Therefore, purchase of property by the father of this petitioner in the auction conducted by Registrar of Cooperative Societies is established.

Originally the land was assigned to K.M. Sivamma and the petitoner’s father purchased the subject land through Certificate of Sale dated 12.12.1996, this fact is not denied by the petitioner also. In any view of the matter when land is mortgaged with District Cooperative Central Bank, according to Section 3 (2) of A.P Assigned Lands (Prohibition of Transfers) Act, 1977 (for short Act IX of 1977), no landless poor person shall transfer any assigned land, and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or otherwise. Clause 3 further says that any transfer made in contravention of the provision of sub-section (1) of sub-section (2) or subsection (2-A) shall be deemed to be null and void., Clause 4 says that The Provisions of this section shall apply to any transa